[Federal Register Volume 87, Number 75 (Tuesday, April 19, 2022)]
[Proposed Rules]
[Pages 23155-23158]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-08278]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 679

[Docket No. 220413-0094]
RIN 0648-BL28


Pacific Halibut Fisheries; Catch Sharing Plan

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Proposed rule; request for comments.

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SUMMARY: NMFS issues this proposed rule to revise regulations for the 
commercial individual fishing quota (IFQ) Pacific halibut (halibut) 
fisheries for the 2022 IFQ fishing year. This proposed rule would 
remove limits on the maximum amount of halibut IFQ that may be 
harvested by a vessel, commonly known as vessel use caps, in IFQ 
regulatory Areas 4A (Eastern Aleutian Islands), 4B (Central and Western 
Aleutian Islands), 4C (Central Bering Sea), and 4D (Eastern Bering 
Sea). This action is needed to provide additional flexibility to IFQ 
participants in 2022 to ensure allocations of halibut IFQ can be 
harvested by the limited number of vessels operating in these areas. 
This action is within the authority of the Secretary of Commerce to 
establish additional regulations governing the taking of halibut that 
are in addition to, and not in conflict with, those adopted by the 
International Pacific Halibut Commission (IPHC). This action is 
intended to promote the goals and objectives of the IFQ Program, the 
Northern Pacific Halibut Act of 1982 (Halibut Act), and other 
applicable laws.

DATES: Submit comments on or before May 4, 2022.

ADDRESSES: You may submit comments on this document, identified by FDMS 
Docket number NOAA-NMFS-2022-0037, by any of the following methods:
     Electronic Submission: Submit all electronic public 
comments via the Federal e-Rulemaking Portal. Go to https://www.regulations.gov and enter NOAA-NMFS-2022-0037 in the Search box. 
Click on the ``Comment'' icon, complete the required fields, and enter 
or attach your comments.
     Mail: Submit written comments to Glenn Merrill, Assistant 
Regional Administrator, Sustainable Fisheries Division, Alaska Region 
NMFS. Mail comments to P.O. Box 21668, Juneau, AK 99802-1668.
     Instructions: Comments sent by any other method, to any 
other address or individual, or received after the end of the comment 
period, may not be considered by NMFS. All comments received are a part 
of the public record and will generally be posted for public viewing on 
www.regulations.gov without change. All personal identifying 
information (e.g., name, address, etc.), confidential business 
information, or otherwise sensitive information submitted voluntarily 
by the sender will be publicly accessible. NMFS will accept anonymous 
comments (enter ``N/A'' in the required fields if you wish to remain 
anonymous).
    Electronic copies of the Categorical Exclusion and the Regulatory 
Impact Review (RIR) (herein referred to as the ``Analysis'') prepared 
for this action are available from www.regulations.gov or from the NMFS 
Alaska Region website at https://www.fisheries.noaa.gov/region/alaska.

FOR FURTHER INFORMATION CONTACT: Abby Jahn, 907-586-7228.

SUPPLEMENTARY INFORMATION:

Authority for Action

    The IPHC promulgates regulations governing the halibut fishery 
under the Convention between the United States and Canada for the 
Preservation of the Halibut Fishery of the Northern Pacific Ocean and 
Bering Sea (Convention). The IPHC's regulations are subject to approval 
by the Secretary of State with the concurrence of the Secretary of 
Commerce. NMFS publishes the IPHC's regulations as annual management 
measures pursuant to 50 CFR 300.62. The 2022 IPHC annual management 
measures published on March 7, 2022 (87 FR 12604).
    Additionally, the Northern Pacific Halibut Act of 1982 (Halibut 
Act), 16 U.S.C. 773c(a) and (b), provides the Secretary of Commerce 
with general responsibility to carry out the Convention and the Halibut 
Act, including the authority to adopt regulations necessary to carry 
out the purposes and objectives of the Convention. The Halibut Act, 16 
U.S.C. 773c(c), also provides the North Pacific Fishery Management 
Council (Council) with authority to develop regulations, including 
limited access regulations, that are in addition to, and not in 
conflict with, approved IPHC regulations. Regulations recommended by 
the Council may be implemented by NMFS only after approval by the 
Secretary of Commerce.
    The Council has exercised its authority in developing halibut 
management programs for the

[[Page 23156]]

subsistence, sport, and commercial halibut fisheries. The Secretary of 
Commerce exercised authority to implement the commercial IFQ halibut 
fishery management program (58 FR 59375; November 9, 1993). The IFQ 
Program for the halibut fishery is implemented by Federal regulations 
at 50 CFR part 679.
    The halibut IFQ fishery is managed in specific areas defined by the 
IPHC. These IFQ regulatory areas (areas) are: Area 2A (California, 
Oregon, and Washington); Area 2B (British Columbia); Area 2C (Southeast 
Alaska), Area 3A (Central Gulf of Alaska), Area 3B (Western Gulf of 
Alaska), and Area 4 (subdivided into five Areas, 4A through 4E, in the 
Bering Sea and Aleutian Islands of Western Alaska). These Areas are 
described at 50 CFR part 679, Figure 15. The halibut IFQ fishery is 
limited to persons holding quota share (QS). Halibut allocated under 
the IFQ program in Areas 2C, 3A, 3B, 4A, 4B, 4C, 4D, and 4E are subject 
to limits on the maximum amount of halibut IFQ that may be harvested by 
a vessel, commonly known as vessel use caps. Throughout this preamble, 
the term ``vessel use cap'' refers to regulations applicable to the 
halibut IFQ fishery (Sec.  679.42(h)(1)).
    As relevant to this action, a Community Quota Entity (CQE) is 
authorized to hold halibut QS in Area 4B. IFQ halibut derived from QS 
held by a CQE is subject to vessel use caps (Sec.  679.42(h)(1)(ii)). 
NMFS also allocates halibut to the Western Alaska Community Development 
Quota (CDQ Program) in Areas 4B, 4C, 4D, and 4E (Sec.  679.31(a)(2)), 
but those allocations are not subject to a vessel use cap and are not 
affected by this rulemaking.

Background

    This proposed rule would implement regulations to temporarily 
remove vessel use caps in Areas 4A, 4B, 4C, and 4D in 2022. The 
existing vessel use caps were recommended by the Council and 
implemented by NMFS as part of the IFQ Program (58 FR 59375; November 
9, 1993) as regulations that were in addition to, and not in conflict 
with, those adopted by the IPHC, consistent with the Halibut Act (16 
U.S.C. 773c(c)). The following sections describe the IFQ Program; 
halibut IFQ vessel use caps; the rationale and effects of temporarily 
removing vessel use caps in Areas 4A, 4B, 4C, and 4D; and the 
regulations that would be implemented under this proposed rule.

IFQ Program

    Commercial halibut and sablefish fisheries in Alaska are subject to 
regulation under the IFQ Program and the CDQ Program (50 CFR part 679). 
A key objective of the IFQ Program is to support the social and 
economic character of the fisheries and the coastal fishing communities 
where many of these fisheries are based. For more information about the 
IFQ Program, please refer to Section 2.4 of the Analysis. Because this 
rule is specific to the halibut IFQ fishery, reference to the IFQ 
Program in this preamble is specific to halibut unless otherwise noted.
    Under the IFQ Program, access to the commercial halibut fisheries 
is limited to those persons holding QS, which is the limited access 
permit NMFS uses to calculate a person's IFQ each year. Halibut QS is 
designated for a specific geographic area of harvest, a specific vessel 
operation type (catcher vessel (CV) or catcher/processor), and for a 
specific range of vessel sizes that may be used to harvest the halibut 
(vessel category). Out of the four vessel categories of halibut QS, 
category A shares are designated for catcher/processors that process 
their catch at sea (e.g., freezer longline vessels) and do not have a 
vessel length designation, whereas category B, category C, and category 
D shares are designated to be fished on CVs that meet specific length 
designations (Sec.  679.40(a)(5)).
    NMFS annually issues IFQ permits to each QS holder. IFQ permits 
authorize permit holders to harvest a specified amount of a particular 
IFQ species in an area from a specific operation type and vessel 
category, consistent with the QS they hold. IFQ is expressed in pounds 
(lbs) and is based on the amount of QS held by the permit holder in 
relation to the total QS pool for each area with an assigned catch.
    The IFQ Program also established: (1) Limits on the maximum amount 
of QS that a person could use (i.e., be used to receive annual IFQ) 
(Sec.  679.42(f)); (2) limits on the number of small amounts of 
indivisible QS units, known as QS blocks, that a person can hold (Sec.  
679.42(g)); (3) limits on the ability of IFQ assigned to one CV vessel 
category (vessel category B, C, or D IFQ) to be fished on a different 
(larger) vessel category with some limited exceptions (Sec.  
679.42(a)(2)); and (4) limits on the maximum amount of halibut IFQ that 
may be harvested by a vessel during an IFQ fishing year (Sec.  
679.42(h)). Only qualified individuals and initial recipients of QS are 
eligible to hold CV QS, and they are required to be on the vessel when 
the IFQ is being fished, with a few limited exceptions (Sec.  
679.41(h)(2)). All of these limitations were established to retain the 
owner-operator nature of the CV halibut IFQ fisheries, limit 
consolidation of QS, and ensure the annual IFQ is not harvested on a 
small number of larger vessels.

Halibut IFQ Vessel Use Caps

    The IFQ Program established vessel use caps to limit the maximum 
amount of halibut that could be harvested on any one vessel. The limits 
are intended to help ensure that a minimum number of vessels are 
engaged in the halibut IFQ fishery and to address concerns about the 
socio-economic impacts of consolidation under the IFQ Program. For 
additional detail on vessel use caps, see the preamble to the proposed 
rule for the IFQ Program (57 FR 57130; December 3, 1992).
    This proposed rule refers to halibut catch limits, commercial 
halibut allocations, and vessel use caps in net pounds or net metric 
tons. Net pounds and net metric tons are defined as the weight of 
halibut from which the gills, entrails, head, and ice and slime have 
been removed. This terminology used in this proposed rule is consistent 
with the IPHC, which establishes catch limits and calculates mortality 
in net pounds.
    Relevant to this proposed rule, for IFQ regulatory Areas 2C, 3A, 
3B, 4A, 4B, 4C, 4D, and 4E; vessels cannot be used to harvest more 
halibut IFQ than on-half percent of the combined total catch limits of 
halibut (Sec.  679.42(h)(1)). Applying this regulation to 2022 yields a 
vessel use cap of 101,490 (46.0 mt). This vessel use cap applies to 
vessels harvesting IFQ halibut in the regulatory areas subject to this 
proposed rule: Areas 4A, 4B, 4C, and 4D.
    Applicable to Area 4B for this proposed action, a CQE is authorized 
to hold halibut QS in Area 4B on behalf of the community of Adak, 
Alaska (79 FR 8870; February 14, 2014). A CQE is a NMFS-approved non-
profit organization that represents small, remote, coastal communities 
that meet specific criteria to purchase and hold CV halibut QS on 
behalf of an eligible community. The CQE holds QS and leases the IFQ 
derived from the underlying QS to community residents. Any vessel 
harvesting halibut IFQ derived from the QS held by the CQE representing 
the community of Adak is subject to the vessel use cap regulations at 
Sec.  679.42(h)(1)(ii), which limit a vessel to harvest no more than 
50,000 lb (22.7 mt), in addition to those set forth at Sec.  
679.42(h)(1) introductory text and 679.42(h)(i).

Rationale and Effects of Temporarily Removing Vessel Use Caps in Areas 
4A, 4B, 4C, and 4D

    On February 10, 2022, at its regularly-scheduled meeting, the 
Council

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addressed requests from IFQ fishery stakeholders to remove vessel use 
caps applicable to the halibut IFQ fisheries in Areas 4A, 4B, 4C, and 
4D (Sections 1 and 2.3 of the Analysis). The Council requested this 
proposed rule because of the ongoing socio-economic impacts of the 
COVID-19 pandemic as identified by the public, including coastal 
communities and fishery participants in Area 4. NMFS proposes this rule 
to provide additional flexibility to vessels operating in Area 4 during 
the 2022 fishing season. This action is expected to facilitate the 
harvest of halibut allocated under the IFQ program in Area 4 and 
provide additional harvest flexibility to vessels operating in Area 4. 
This action is needed because of the relatively large proportion of 
vessels participating in the Areas 4A, 4B, 4C, and 4D halibut IFQ 
fisheries that are operating near the current vessel use cap, thereby 
limiting the amount of additional IFQ that could be harvested on 
vessels operating in those areas (Section 2.3 of the Analysis). 
Additionally, this action is expected to provide flexibility to the CQE 
representing the community of Adak, Alaska, because the minimum number 
of vessels needed under current use caps exceeds the number of vessels 
owned by residents of the community (Section 2.5.2 of the Analysis).
    The reader is referred to the Analysis, particularly Sections 2.3, 
2.6, and 2.7, for additional detail on the efficacy of 2020 and 2021 
rulemakings that temporarily removed vessel use caps in Area 4, a 
broader discussion of the range of factors considered for this proposed 
rule, and the anticipated effects of removing the vessel use caps in 
Areas 4A, 4B, 4C, and 4D for both CQE and non-CQE-associated vessels.
    The Council recommended ``expedited action'' to remove vessel use 
caps for the halibut IFQ fishery in Areas 4A, 4B, 4C, and 4D to be 
effective during the 2022 fishing year, which ends on December 7, 2022. 
NMFS accordingly has established an expedited 15-day comment period for 
this proposed rule.
    The Council did not recommend, and this proposed rule does not 
include, measures to relieve the vessel use caps for the sablefish IFQ 
fishery, or for other halibut IFQ areas, due to the larger number of 
vessels that are currently active in the sablefish IFQ fishery and 
these other halibut areas. Area 4E was not included because it is 
entirely allocated to harvest under the CDQ Program; therefore, vessel 
use caps do not apply. Detailed information indicating that halibut 
harvests in these other IFQ areas would not be constrained under the 
current vessel use caps is available in Section 2.5.2.1 of the 
Analysis.
    NMFS also considered the potential impacts on halibut conservation 
and management if vessel use caps vessels in Areas 4A, 4B, 4C, and 4D 
are relieved for the 2022 IFQ fishing year. The proposed regulatory 
amendments in this rule would temporarily add a regulation that would 
remove vessel use caps in Areas 4A, 4B, 4C, and 4D. This proposed rule 
would provide additional flexibility to facilitate harvest of the 
halibut resource and is responsive to the Council request to implement 
expedited rulemaking for the 2022 IFQ fishing year due to the ongoing 
economic, social, and public health impacts of the COVID-19 pandemic. 
This rule does not modify the vessel use cap provisions in future 
years, consistent with the Council's goals in implementing vessel use 
caps in this fishery (Section 2.3 in the Analysis). This proposed rule 
would not modify other elements of the IFQ Program. This proposed rule 
would not increase or otherwise modify the 2022 halibut catch limits 
adopted by the IPHC and implemented by NMFS (87 FR 12604, March 7, 
2022). This proposed rule would not modify any other conservation 
measures recommended by the IPHC and adopted by NMFS, nor any other 
conservation measures implemented by NMFS independent of the IPHC. This 
proposed rule would not modify other limitations on the use of QS and 
IFQ described in the previous sections of this preamble.

Proposed Regulations

    After considering the best available information, the Convention, 
the status of the halibut resource, and the potential social and 
economic costs of maintaining the vessel use cap limits described in 
the preamble, this proposed rule would add a new, temporary provision 
at 50 CFR 679.42(h)(1)(iii) to remove vessel use caps for vessels 
harvesting IFQ halibut in Areas 4A, 4B, 4C, and 4D during the 2022 IFQ 
fishing year. Because vessel use caps are applied under existing 
regulations at the fishery level including harvest in all areas, the 
proposed regulations clarify that harvest of IFQ halibut in regulatory 
Areas 4A, 4B, 4C, and 4D is excluded from the calculation of vessel use 
caps in IFQ regulatory Areas 2C, 3A, or 3B during the 2022 IFQ fishing 
year.

Classification

    Regulations governing the U.S. fisheries for Pacific halibut are 
developed by the International Pacific Halibut Commission (IPHC), the 
Pacific Fishery Management Council, the North Pacific Fishery 
Management Council (Council), and the Secretary of Commerce. Section 5 
of the Northern Pacific Halibut Act of 1982 (Halibut Act, 16 U.S.C. 
773c) allows the Regional Council authority over a particular 
geographical area, to develop regulations governing the allocation and 
catch of halibut in U.S. Convention waters as long as those regulations 
do not conflict with IPHC regulations. This proposed action is 
consistent with the Council's authority to allocate halibut catch among 
fishery participants in Convention waters in and off Alaska.
    This rule has been determined to be not significant for purposes of 
Executive Order 12866.
    A Regulatory Impact Review was prepared to assess costs and 
benefits of available regulatory alternatives. A copy of this analysis 
is available from NMFS (see ADDRESSES). Specific aspects of the 
economic analysis are discussed below in the Initial Regulatory 
Flexibility Analysis section.

Initial Regulatory Flexibility Analysis

    This Initial Regulatory Flexibility Analysis (IRFA) was prepared 
for this proposed rule, as required by Section 603 of the Regulatory 
Flexibility Act (RFA) (5 U.S.C. 603), to describe the economic impact 
this proposed rule, if adopted, would have on small entities. The IRFA 
describes the action; the reasons why this proposed rule is proposed; 
the objectives and legal basis for this proposed rule; the number and 
description of directly regulated small entities to which this proposed 
rule would apply; the recordkeeping, reporting, and other compliance 
requirements of this proposed rule; and the relevant Federal rules that 
may duplicate, overlap, or conflict with this proposed rule. The 
description of the proposed action, its purpose, and the legal basis 
are explained in the preamble and are not repeated here.
    For RFA purposes only, NMFS has established a small business size 
standard for businesses, including their affiliates, whose primary 
industry is commercial fishing (see 50 CFR 200.2). A business primarily 
engaged in commercial fishing (NAICS code 11411) is classified as a 
small business if it is independently owned and operated, is not 
dominant in its field of operation (including its affiliates), and has 
combined annual receipts not in excess of $11 million for all its 
affiliated operations worldwide.

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Number and Description of Small Entities Regulated by This Proposed 
Rule

    This proposed rule would directly regulate the owners and operators 
of vessels that harvest halibut IFQ in IFQ Areas 4A, 4B, 4C, or 4D. As 
of 2020 (the most recent year of gross revenue data), there were 99 
unique vessels that harvested halibut IFQ in IFQ Areas 4A, 4B, 4C, or 
4D. Based on average annual gross revenue data, including affiliations, 
all but one of these vessels that landed halibut in 2020 are considered 
small entities based on the applicable $11 million threshold. 
Additional details are included in Sections 2.9 in the Analysis 
prepared for this proposed rule (see ADDRESSES).

Impacts of This Action on Small Entities

    This action could better facilitate harvest of IFQ in Area 4 in 
fishing season 2022. Although it is difficult to discern the entire 
scope of impact of the regulatory exemptions implemented for the 2020 
and 2021 IFQ seasons, harvest rates achieved in 2020 and 2021 relative 
to prior years (2006-2019) indicate the regulatory flexibilities 
implemented in 2020 and 2021 (both the temporary transfer provisions as 
well the vessel use cap exemption) had some positive impact on the 
harvest rates, as described in Section 2.7 of the Analysis (See 
ADDRESSES).

Description of Significant Alternatives That Minimize Adverse Impacts 
on Small Entities

    The RFA requires identification of any significant alternatives to 
the proposed rule that accomplish the stated objectives of the proposed 
action, consistent with applicable statutes, and that would minimize 
any significant economic impact of the proposed rule on small entities. 
The Council requested one action alternative. No other alternatives 
were considered. Additionally, NMFS did not identify other action 
alternatives that would provide the same level of flexibility that was 
requested by the Council within the requested expedited timeframe. 
Further, this action is the same as the action implemented 2021 and 
similar to the action implemented in 2020. In consideration of the 
Council's request, NMFS analyzed the impacts of the action alternative 
compared to the status quo.
    The status quo alternative would retain the existing vessel use cap 
restrictions as defined under 50 CFR 679.42(h). It is possible that 
existing vessel use caps regulations under the status quo may increase 
the likelihood that some of the annual halibut allocation is left 
unharvested in Area 4.
    The action alternative would remove limits on the maximum amount of 
halibut IFQ that may be harvested by a vessel in IFQ regulatory Areas 
4A, 4B, 4C, and 4D. The action alternative and the regulations proposed 
by this action would provide additional flexibility to IFQ participants 
in 2022 to ensure allocations of halibut IFQ can be harvested by the 
limited number of vessels operating in these Areas. However, if this 
temporary flexibility is implemented for 2022, this may result in a 
reduction in crew jobs and opportunities for new entrants in Areas 4A, 
4B, 4C, and 4D. Additionally, if there are fewer participants in the 
fishery, it is possible that landings could consolidate to fewer 
processors and communities depending on landing location and historic 
harvester-processor relationships.

Duplicate, Overlapping, or Conflicting Federal Rules

    NMFS has not identified any duplication, overlap, or conflict 
between this proposed rule and existing Federal rules.

Recordkeeping, Reporting, and Other Compliance Requirements

    This action does not contain additional recordkeeping, reporting, 
or other compliance requirements.

Collection-of-Information Requirements

    This proposed rule contains no information collection requirements 
under the Paperwork Reduction Act of 1995.

List of Subjects in 50 CFR Part 679

    Alaska, Fisheries, Reporting and recordkeeping requirements.

    Dated: April 13, 2022.
Samuel D. Rauch, III,
Deputy Assistant Administrator for Regulatory Programs, National Marine 
Fisheries Service.

    For the reasons set out in the preamble, 50 CFR part 679 is 
proposed to be amended as follows:

PART 679--FISHERIES OF THE EXCLUSIVE ECONOMIC ZONE OFF ALASKA

0
1. The authority citation for 50 CFR part 679 continues to read as 
follows:

    Authority: 16 U.S.C. 773 et seq.; 1801 et seq.; 3631 et seq.; 
Pub. L. 108-447; Pub. L. 111-281.

0
2. In Sec.  679.42, add paragraph (h)(1)(iii) to read as follows:


Sec.  679.42  Limitations on use of QS and IFQ.

* * * * *
    (h) * * *
    (1) * * *
    (iii) Notwithstanding the vessel use caps specified in paragraphs 
(h)(1) introductory text and (h)(1)(ii) of this section, vessel use 
caps do not apply to vessels harvesting IFQ halibut in IFQ regulatory 
Areas 4A, 4B, 4C, and 4D during the 2022 IFQ fishing year. Harvest of 
IFQ halibut in regulatory Areas 4A, 4B, 4C, and 4D is excluded from the 
calculation of vessel use caps for IFQ regulatory Areas 2C, 3A, or 3B 
during the 2022 IFQ fishing year.
* * * * *
[FR Doc. 2022-08278 Filed 4-18-22; 8:45 am]
BILLING CODE 3510-22-P